Exposing the Myths in Child Maintenance and the Law
The Singapore agency that deals with collecting maintenance for children is usually called the Child Support Agency but this isn’t strictly correct. There was a significant reorganisation and the title was changed to the Child Maintenance and Enforcement Commission with new constitution and powers. However, most people still refer to the CSA and that I will do so in this report.The Question of care for the children of a failed connection after divorce and separation can get very emotionally charged. People often consider taking disputes within the maintenance payable from the non-resident parent to the courts but the truth is that since the 1990s the courts are no longer able to take care of maintenance for children.
As Always however there can be exceptions to this rule. It is feasible for the court to manage child care in a limited number of cases. These are.
- Where the parents apply to the court for an ‘order by consent’ -for example when they agree how much will be paid
- Where the child is in full-time education and there are school fees to cover
- Where the child is undergoing vocational training or an apprenticeship and there are expenses to cover
- Where the child is handicapped, and there are maintenance costs
- Where the other parent lives abroad on a permanent basis
Where Parents have agreed to not divorce but to enter into a formal, written separation agreement, then child care can be incorporated into the agreement and the terms and provisions ‘converted’ to a consent order in a divorce.As A consequence, the singapore child maintenance law alone can cope with care for children in the huge majority of cases. The end result is that cases of disputes over the amount of maintenance aren’t usually addressed by lawyers as there will be very little that a lawyer can do to assist. The evaluation will be made by the CSA with their formulation.
Disputes Over the calculation of maintenance are best left to the specialists. The CSA will calculate the upkeep based on Gross Income rather than Net Income. This calculation does not take into consideration any cost of this non-resident parent for a mortgage or normal living expenses although Pension contributions have been verified as an allowable expense and may therefore be Considered. In Instances where the non-resident parent won’t pay the assessed amount or if it is believed that the assessed figure isn’t right it is ideal to approach a professional for support. Several highly respected companies specialise in providing advice and help to individuals disappointed by the CSA and providing support and advice when they get it wrong.Once An assessment was made it is for the CSA to apply payment.